5551.06
Transfer of right of way and removal of tracks.

Prior to or during the pendency of proceedings for improvement
or construction of a road and the acquisition of such right of way, the board
of county commissioners may enter into an agreement with any street or
interurban railway company for the conveyance and transfer by such company to
the board, in fee simple or such lesser estate or interest therein as the
company may have, of such part or all of the right of way and other lands of
the company as the board believes it for the public convenience and welfare to
acquire, and for the removal, relocation, or both, of tracks, sidings, and
other facilities of the company located thereon. Such agreement shall be
conditioned upon the final determination of the board to proceed with such
acquisition and removal after the determination by the courts pursuant to
sections 163.01 to
163.22, inclusive, of the Revised
Code, of the compensation for such taking. The agreement may:

(A)
Stipulate the value fo the right of way or lands
of the company to be acquired by the board;

(B)
Stipulate the cost or a maximum cost of removal of
tracks, sidings, and other facilities therefrom and of relocation and
reconstruction in such manner as not to interfere with the operation of the
railway;

(C)
Provide for the
discharge and release of liens and encumbrances on such right of way and other
lands;

(D)
Provide that such
removal, relocation, or both, be done by the company at such agreed cost or
within such maximum cost;

(E)
Provide the time of such removal, relocation, or both, which shall not be
before the final determination by the board to proceed with such road
improvement or construction;

(F)
Provide for payment by the board to such company of the stipulated value of
that part of its right of way and other lands to be acquired and the cost of
removal, relocation, or both, of such tracks, sidings, and other facilities in
any of the following ways:

Lands to be conveyed to the company, in exchange for such right
of way and other lands, may be located wholly or partly within the bounds of
the road, improvement or construction of which is proposed, or of any other
public road outside of a municipal corporation, other than roads on the state
highway system or wholly or partly outside the bounds of any public highway,
and shall be specified in such agreement. Alternate routes and locations of
lands proposed to be exchanged may be specified. The agreement may also contain
provisions for the number of tracks and sidings on and the grade and
maintenance of the new right of way to be conveyed to the company and for
public roads across such right of way and their location and maintenance and
other provisions necessary or proper for the public convenience and welfare.